STATE OF GUJARAT Vs. KRISHNABHAI RAMABHI PARMAR

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge, Joint District and Addl. Sessions Judge, Fast Track Court, Sabarkantha at Modasa (Sabalpur)(for short, 'the trial Court'), Dated : 22.04.2004, rendered in Special (ACB) Case No. 9 of 1998, whereby, the learned trial Court acquitted the original accused the Respondent, herein, of the charges under Sections 7, 13(1)(D)(1,2,3) and 13(2) of the Prevention of Corruption Act, 1988(for short, 'the Act').

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the accused, herein, before the date of the alleged offence, had demanded Rs.5000/ - for allotting 'A' Grade Electricity connection to the original complainant. However, the matter was settled at Rs.3,000/ -, out of which Rs.1000/ - were accepted by the accused, at that point of time, and the remaining Rs.2,000/ - was agreed to be paid on 28.08.1997. Then, it is alleged in the complaint that on 28.08.1997, the accused demanded and accepted the remaining amount from the complainant, and thereby, he committed the offence punishable under the Act. On registration of the offence, police carried out the investigation and on finding sufficient evidence, a charge -sheet was filed against the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) BEFORE the trial Court, the prosecution, in support of its case, examined five witnesses.